In mid-November of 2010, Cambridge bankruptcy trustee Doug Hoyes did an impromptu interview with lawyer Mark Silverthorn, author of The Wolf At The Door: What To Do When Collection Agencies Come Calling (2010), published by McClelland & Stewart, in Cambridge, Ontario. During this interview Doug and Mark discussed the widespread practice in Ontario in which collection agencies hire lawyers to send out collection letters, together with an enclosure containing a document which looks like a court document commencing a lawsuit against the recipient, a practice commonly referred to as sending a “draft statement of claim”.
During this interview Mark explained that in 2010 it is illegal for anyone to send out a “draft statement of claim” to an Ontario resident pursuant to section 1 of the Ontario Debt Collectors Act. Furthermore, Mark indicated that the Ontario Government knows that the Ontario Debt Collectors Act is being violated on a massive scale, and despite receiving written complaints about this illegal behavior, the Ontario Government has not taken any meaningful action to stop this practice of lawyers sending out draft statement of claims on behalf of collection agencies.
During this interview Mark Silverthorn announced that he had sent a letter to Premier Dalton McGuinty calling for the resignation of the minister responsible for administering the Ontario Debt Collectors Act and the Ontario Collection Agencies Act. because of the Ontario Government’s failure to enforce existing laws in Ontario designed to protect Ontario residents from unacceptable behavior from bill collectors.